NATARAJ Vs. MANIKANDAN

JUDGEMENT

(1.) IN spite of service of notice, there is no representation for the 3rd Respondent Insurance Company on 14.8.2012 and hence, the matter was ordered to be posted for passing orders and even today, when the matter is taken up consideration, there is no representation for the 3rd Respondent Insurance Company. Therefore, after hearing the learned counsel for the Appellant and after perusal of the records, this Civil Miscellaneous Appeal is being disposed of by this judgement.

(2.) THIS Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 4.1.2002 made in MCOP.No.538/2000 by the learned I Additional Subordinate Judge (MACT) Erode, whereby the Tribunal awarded a sum of Rs.41,500.00 as total compensation to the claimant for the injuries sustained by him in the accident that had occurred on 9.2.1997 at about 4.30 p.m. in Sengapalli to Uthukuli Road, near Ponnapuram Bridge, Uthukuli.

(3.) THE claimant was aged 28 years old at the time of the accident and was doing agriculture, besides working as a cutting master in a Garment Factory, Tiruppur. The disability assessed by the Doctors appears to be reasonable taking into consideration the injuries sustained by the claimant. The Tribunal has awarded Rs.30,000.00 for both the disability which requires to be enhanced and accordingly, it is enhanced to Rs.80,000.00 and Rs.10,000.00 awarded towards pain and suffering is enhanced to Rs.20,000.00. In addition to this, the award amounts of Rs.500.00 and Rs.1000.00 for transportation expenses and extra nourishment respectively awarded by the Tribunal are enhanced to Rs.2500.00 and Rs.2500.00 respectively. The Tribunal has not awarded any amount for the loss of amenities and loss of income during the period of treatment. Hence, Rs.10,000.00 for the loss of amenities and Rs.9000.00 for loss of income during period of treatment at the rate of Rs.3000.00 for three months are awarded. In all, a sum of Rs.1,24,000.00 as total compensation is awarded to the claimant with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization for the enhanced amount.